1. OVERVIEW OF INCOME MAINTENANCE AND BENEFITS PROGRAMS MONICA BOGUCKI, BSW, JD 2015 COPYRIGHT

2. IDENTIFYING PROGRAMS AND OPTIONS FOR A CLIENT IN NEED “holistic” approach to identifying programs and options for client in need “holistic” interviewing Asking open ended questions to hear what me might otherwise miss Treating the client with the utmost respect and dignity

3. WORK RELATED SOURCES OF INCOME AND BENEFITS Workers Compensation Short Term Disability Long Term Disability Minnesota Unemployment or Reemployment Insurance Health Insurance COBRA coverage Family Medical Leave

4. UNEMPLOYMENT INSURANCE  State administered and employer funded  Minnesota Department of Economic Security Minn. Stat. chapter 268 et. seq. www.lawhelpmn.org http://www.uimn.org/uimn/applicants/howapply/info-handbook/info-handbook- intro.jsp

5. NOT ELIGIBLE FOR UNEMPLOYMENT  If employee quits without good cause  If employee was fired for misconduct  If employee is physically unable to work.

6. SOCIAL SECURITY DISABILITY PROGRAMS Two disability and retirement programs available to individuals: Supplemental Security Income (SSI), Code of Federal Regulations, 20 CFR part 416 Retirement, Survivors Disability Insurance(RSDI), Code of Federal Regulations, 20 CFR part 404

7. ADVANTAGES OF SSI AND RSDI  No time limit  Usually means more money per month for the family  Important to shift clients from MFIP to SSI/RSDI if the client is qualified

8. SUPPLEMENTAL SECURITY INCOME (SSI)  For individuals who have not accumulated enough work quarters to qualify for RSDI.  Flat monthly cash amount of $ 733.00 for an individual  This is a need based program which means an individual has to be  categorically and financially eligible (within income and asset limits).

9. CATEGORICAL ELIGIBILITY FOR SSI AND RSDI Blind Disabled or At least 65 years old 20 CFR 404, 416

10. THOSE WHO CAN GET SOCIAL SECURITY BENEFITS-SSI AND RSDI Children-disability or survivor Adults-retirement, disability or survivor

11. SSI ASSET LIMITS Automobile exclusion “One automobile is totally excluded regardless of value if it is used for transportation for the individual or a member of the individual’s household.” 20 CFR 416.1212

12. SSI ASSET LIMITS Home is an excluded resource regardless of value. 20 CFR 416.1212

13. INCOME CAN AFFECT SSI BENEFITS  Some income can reduce SSI benefits.  This can generate overpayments.  If a recipient is receiving SSI benefits based on disability, if this recipient regularly earns SGA, that individual can be found no longer disabled

14. RETIREMENT, SURVIVORS, DISABILITY INSURANCE (RSDI)  Retirement  Disability  Survivor of a qualified wage earner  This is NOT a need based program.  No Asset limits  But there are some income limits.  20 CFR 404 et. seq.

15. SOURCE: AUTHORS' ILLUSTRATION ADAPTED FROM LAHIRI, VAUGHAN, AND WIXON (1995 ). Social Security Disability Determination-SSI and RSDI

16. REPRESENTATIVE PAYEE If Social Security Administration determines that an individual is unable to manage her own social security funds, SSA can require a representative payee be appointed to manage the recipient’s funds. A recipient has the right to appeal this decision.

17. STATE SUPPLEMENTAL PROGRAMS  Some states supplement elderly and disabled. Minnesota Supplemental Aid, Minn. Stat. section 256D.33 State funded and county administered http://mn.db101.org/mn/programs/income_support/msa/pr ogram2a.htm This website has charts which estimate the MSA benefit.

18. MEDICARE  Federal health insurance program for 65 years and older or  Individuals receiving RSDI  www.medicare.gov www.medicare.gov

19. MEDICARE Part A-hospitalization coverage Part B-doctor and outpatient Part D- prescription drug plan Private Medicare supplemental plans

20. MEDICAL ASSISTANCE Combined Federal and State program-  Provides medical coverage for qualified low income individuals and families  Provides medical coverage for long-term health care such as nursing home facilities.

21. MINNESOTA CARE Monthly premium is based on income and family size. State funded program. Minn. Stat. 256L et. seq.

22. MN SURE Minnesota’s version of health care exchange Individuals can apply for health insurance through this. www.mnsure.org

23. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP)  Formerly known as food stamps (terms are usually used interchangeably)  Federal program created through the United States Dept. of Agriculture, 7 Code of Federal Regulations part 200 et. seq  Cost of living adjustment every year  National resource, Food Research and Action Center (FRAC), www.frac.org www.frac.org

24. SNAP CAN BE USED AS A STAND ALONE BENEFIT  If a client is not eligible for a cash benefit program, she may still be eligible for SNAP as a stand alone benefit.  Remember that working low income individuals and families may qualify for SNAP

25. SNAP ASSET LIMITS “USDA policy allows household asset limits to be set at $2,250 in countable resources (e.g., checking/savings account, cash, stocks/bonds). Households with at least one member who is age 60 or older or a member living with a disability may have up to $3,250 in resources. Some states have opted to apply no asset limits or higher asset limits as well as higher gross income eligibility levels.” www.frac.org USDA has more information on state asset limits (pdf).

26. SUMMER SCHOOL BREAKFAST AND LUNCH PROGRAM

27. EXPEDITED OR EMERGENCY SNAP/FOOD STAMPS If you are eligible they have to give you the expedited food stamps within 5 days and sometimes less. You do not need to be without food.

28. ELIGIBILITY FOR EXPEDITED SNAP-FOOD STAMPS Eligibility: 1. Show that your rent, utility bills is more than your monthly income or cash on hand OR 2.Show that your gross income is less than $150.00 per month and that you have less than $ 100.00. Education for Justice Fact Sheets, Expedited (Emergency Food Stamps) by Mid- Minnesota Legal Aid and Legal Services State Support www.lawhelpmn.org

29. ELIGIBILITY FOR EXPEDITED SNAP-FOOD STAMPS  There is no waiting period to receive these benefits.  An applicant cannot be required to use food shelves before receiving these benefits  Migrant farmers are eligible to receive these benefits  Education for Justice Fact Sheets, Expedited (Emergency Food Stamps) by Mid-Minnesota Legal Aid and Legal Services State Support  www.lawhelpmn.org www.lawhelpmn.org

30. WOMEN, INFANTS AND CHILDREN (WIC) PROGRAM Supplemental nutrition program for low income pregnant women, breastfeeding mother’s and children. http://www.fns.usda.gov/wic/about-wic-wic-glance

31. IMMIGRATION ISSUE-PUBLIC CHARGE  Refer non-citizens to an immigration attorney for legal advice prior to referring them to apply for government benefits.  When some immigrants try to improve their immigration status, they will be asked if they have been a “public charge.” If they have been a “public charge,” they will not be able to improve their immigration status.  Receiving certain kinds of public assistance will constitute being a “public charge.”

32. EMMA Emma is 60 years old and has been working low income jobs. She was recently laid off from her job. She is starting to have physical and mental health issues. She is facing eviction and is unable to rent due to past rental history and criminal history. She has a roommate and they want to continue to live together. Currently, she has no income and not on any benefit program.

33. PUBLIC INTEREST LAWYERS 1.Recognizing need based programs-income and asset limits 2.Recognizing clients’ eligibility for programs 3.Recognizing special benefits of programs-such as family violence waiver for MFIP-S

34. IN YOUR PRACTICE  What benefit programs are your clients and their family members receiving?  Have clients bring in all of their written notices  If the client cannot remember what programs-ask client where they can go for their benefits  Get the name of the clients’ financial worker, including phone number and case numbers  Do they have an electronic benefit (EBT)card?